Omaha daily bee., 1887-12-21
AN EARLY MORNING BLAZE.
The Fitzgerald Block Catches Fire
In the Third Story.
RATES REDUCED sYTH eLKHoRN
Mr.. Porter and the Board OF Trans
pOrtation - A Heavy Verdict.
Against the Burlington-The
Township Law Invalid.
trRoM THE BEES LINCOLN pUREAu.l

FROM THE BEES LINCOLN BUREAU
At2a. m. yesterday morning family liv-
ing on the second floor of the Fitzgerald
block on Tenth street were aroused from
sleep by the discovery that the ceiling above
them was ablazc. Word was sent TO the de-
partment at once ana the boys soon had a
stream on the flames, which were quickly
smothered, but not until the household ef
fects of the family were well nigh ruined.
The ground floor of the block is occupied by
Mayer Bros, extensive wholesale and retail
clothing house, and the third floor of tho
building was occupied by company ID as their
armory. 1t was on the third floor that the
fire originated. Company ID had q meeting
there in the evening and left brisk frc in
the stove, from which the floor became
ablaze. In the morning Mayer Bros. found
that water had done considerable damage, in
places coming through the ceiling, and esti-
mated their damage at $l, 600 They carried
$50, 900 in insurance in twelve Of the leading
companies, and the damage done TO the
building owned by Mr.. Fitzgerald is fully
covered. The latter damage will not exceed
5000.
THE ELKHoRN TAKES TUMBLE.
There was a great deal of comment in the
city yesterday when it became known that q
new Chcago-Lincoln rate had been ordered
line of road. 1t is very evident that the agi
taton of the past few months is bearing
fruit and that the fear of the new Lincoln,
Red Oak Il Des Mones road has not been
without good results already. The reduc-
tions ordered from Chicago to Lincoln on the
different classes are as follows, by classes:
Old rate. .... 100 81 81 Al 35 40 35 2S 25 81
This is something that will undoubt-
cdly make up the other lines entering Lin
coin and will materially enhance shipments
over the Elkhorn line toward Lincoln.
POTTER REFUSES.
A communication was received from II. j.
Potter, vice president of the Union Pacific,
at the board of transportation rooms yester-
day, in which he refuses to comply with the
the Waterloo overflow case. The board
meet Thursday, and will take action to see
that their order is enforced and obeyed.
AN INTERESTING CASE.
An interesting case in equity Is on hearing
in the district court, The suit Is brought to
remove cloud on some valuable property in
the city known as McNewtry's addition. The
case is over the taxes in the land that have
been levied by both the county and the city
for number of years and have been allowed
to go by default or have been paid in an ir-
regular manner. The taxes are u perpetual
lien against the property and the suit is to
determine Just how much is back on tho tract
so that the present holder can make them
good and make deeds without "a cloud to the
title The tract Ia "a part OF the original
property Of Luke Lavender that, in the di-
vision, was described by notes and bonds
other than the government lines and the as
SCISSORS had for years assessed and taxes
have been paid on the irregularly described
trusts until Mt the present time it is difficult
delinquent. The present owner Of the tract,
Mr.. McNewtry, has been through the books
and at his calculation some $500 are yet de
linquent These he offered to pay, but the
,.G. 1,t&
would meet entirely the requirements of the
law and hence the case in equity was brought
to have the court go over the entire grounds
and the old tax lists and determine just the
amount due for final settlement. AS this
would occupy weeks time it was mutually
agreed by both sides in interest that the mat
ter be referred to Deputy Clerk Churchill
he to make examinations and report his find
ing of facts at the next term of the court
AN IMPORTANT DECISION.
Judge Chapman in district court to-day
rendered Il decision in the case of Hull and
others against the Chicago, Burlington 6
of Lincoln lots that were taken, practically
without leave or license, by the road FOL
right of way pnd trackage purposes. Tht
Judge found that the plaihtlffs were ertitlee
to recover from the road the value OF thu
property taken.
THE LAW INVALID.
Attorney General Leese in looking up th'
law and the amendments in regard TO town
ship organization finds that the amended Law
passed last winter Is void and useless. Thu
part of the law that has puzzled the town
ship treasurers is in chapter "a of the com
piled statutes of 1887. In looking up this Law
Attorney General Leese finds that the b
was entitled "House Role 1856, introduced b.
Mr.. Cannon" that it passed the house an
reached the senate March o. reading, 1t
amend sections 62, 63, 20 and 49," and ii
such was read the first time. March %
was read the second time and referred to
committee. 1t came back from the con
mittee as ito amend sections 63, 20, SO, 9G an
o." and on final passage it was reported
the correct form, but when the president {
the senate and governor signed it, 1t was
though it amended sections 63, 20, so, 96 an
97 Hence the attorney general finds that
is void and without selnbancc of law.
GOVERNOR TuAYER IMPROVING.
Inquiry at the home of Governor Thaye
in this city yesterday disclosed the fact tn;
the governor was on the gain from h
recent sickness and indications were favor;
BILE for speedy recovery, although it will
several days yet before he can officially a
tend to business in the executive Office. II
physician prcscrbes rest and absence fro
business for number of days as the be
covery. There is little business ut the pr,
ent time that will suffer for few da,
waiting
THE CITY COT NCIL.
At the regular meeting of the city coun,
the report of the city treasurer for the mon
of November showed balance in the trea
ury of S26, l0O,94 and in the school fund 81:
354.24. The question Of lighting the ci
building was reported favorably for using Il
electric lights the committee reporting tn
this would be large saving over the prese
useof gas. In the matter Of the license of
q. Cuttern, the council granted weel
time for the defense to show by transcri
why the license should not'be revoked. Cou
Gilman Brock, as agent, made proposition
dispose of the $4,000 refundng bonds n
commission of ~ per cent or to have an
tion for the sale at that figure up to the I'd
January and tho option was granted Judg
and clerks for the special bond election WI
appointed
IT'S AN Ill Wind
That brings with it gusts OF rain frt
the northeast. When the wind bio
from that quarter on u wet day, t